Rosemary

Something else that I should have said is that I have been a bereavement counsellor for many years and the thing that the majority of bereaved say is that the most difficult thing to come to terms with apart from losing the person is learning all of the things that they did not know. For example a person who never did any housework, paperwork, paying the bills, cooking, ironing, driving, gardening or whatever else comes to mind finds it very hard to take new tasks on when they do not have the ability to think clearly. Each of the tasks on their own are relatively easy when we are OK but can become insurmountable to the bereaved. Then the guilt sets in because they feel as though they are letting the other person down because they are not keeping up the standards. If we all have the skills to fall back on even if we do not do them on a daily basis we will cope with life better than if we have none of the skills. Like all good boy scouts we should all be prepared.

Rosemary

Lynn R

I think many people shy away from talking to their nearest and dearest about what would need to be done in the event of their death - the problems that this can cause have been highlighted for me by the recent death of a close friend. Although he knew he was terminally ill, he had not put his sister (who has inherited his entire estate) in the picture at all regarding his financial affairs, and she is literally reeling as she doesn't know where to start, even without the added complications of a house in Spain to pay inheritance tax on and eventually dispose of. She has had to put the whole mess in the hands of a solicitor and will end up paying a fortune in legal fees, when applying for probate and winding up an estate is quite straightforward if you have all the necessary information to hand, as I learned when dealing with my father's affairs.

This has made me think that as well as the two of us being fully in the know about each other's finances, I think it would be a good idea for us to prepare an "information sheet" to be given to the executors of our wills (who are relatives living in the UK) with details of all our bank accounts, pensions, investments, property details, details of our Spanish solicitors, NIE numbers, etc. This is in case an accident should befall us both, which I suppose isn't an impossibility if we were involved in a road accident, say. I draw the line at giving them our passwords, though!

angiescarr

Very good advice! My husband has finally done the passwords thing for me. (I'm talking about passwords for my business website system etc... not his bank account) But that's a very good idea about the executors having all the info. In case we 'went' together.

DaveyD

It's a sad fact that the very act of dying in Spain (especially as a foreigner) can result in so much procedural difficulties. I suppose at least getting your Spanish will (and UK if you have assets in the UK) sorted can at leat take some pressure off your loved ones. I found this guide to all the procedures that need to be followed in the event of a death in Spain, is shocking - http://www.tumbit.com/how-to-guides/...-in-spain.html

Rosemary

Thanks a lot for the site, have put it in favourites, can never have too much information.

Rosemary

whitelinen

Not only in Spain but anywhere when people have not had the sense to make a will, leave clear instructions for the next of kin on how to access monies etc.

I just do not understand why some people do not share passwords and PIN numbers with their other half.

JulianWard

A while ago when I was attending a seminar on finances in general, it came up that if one has made a 'Last Will and Testament' in UK and then makes a Spanish Will, the English one needs amending as it would have ceased to be the 'Last'. Unless it had been stipulated, 'This relates to my UK property only.'

Rosemary

All of my life I have used a joint bank account, never really saw the need of seperate domestic accounts but may I point out that if one of you dies here in Spain any joint account is automatically frozen until probate is sorted out. After finding this out from our abogado we both opened our own accounts that would cover all expenses including funeral costs to last for a year. The other trick we were told is to empty any joint accounts before informing the bank. The only problem with that is if you live in a town as small as ours the bank manager would probably know the next day.

Graham

JulianWard

Unless they have changed the law I remember in a lecture on UK banking in 1963 that the same applies. We were told that if a partner dies, the first thing for the surviving one to do was to draw all the money out of the joint accounts.

snikpoh

Wills also (normally) state that they supersede all and any others ...!

It's always best to have the English make mention of the Spanish will and vice-versa.

I would then not bother with the UK only quote as this only serves to confuse.

whitelinen

A joint bank account cannot be frozen when one of the parties dies and nothing is done ¨ automatically¨.
Nobody is under any obligation to inform a bank when someone dies until it suits that person to do so i.e. after they have emptied the account. Size of town or village is irrelevant............. it just does not happen.

Mitzyboy

I'm afraid it does. As said above, if the surviving spouse has a joint account then they have a problem because the account will be frozen.

Unless things have changed in the UK recently, it's exactly the same there. As soon as the bank knows, the account is frozen.

Rosemary

Every source I have found including the one below states quite clearly that all assets are frozen, you can empty the joint account before informing the bank but it is illegal to do so.
For those of us who prefer to do things correctly I think that I will take the advice of members of the Spanish legal profession.
The bank manager hearing about it the next day was a bit of a joke about gossip here being faster than the speed of light.

http://www.advoco.es/home/22-latest/...-answered.html

Graham

twistedmelon

[QUOTE=The Oddities
For those of us who prefer to do things correctly I think that I will take the advice of members of the Spanish legal profession.[/QUOTE]

I prefer to do things correctly, sadly the Spanish are still debating what correct is
According to that web site, if you are British without any will then Spanish Law will not complicate things as much. Also the deceased assets will be split fairly between the remaining spouse and children, so if that's your wishes anyway what point is there in a will.
Anyway dying is a mugs game, wouldn't catch me doing it.

JLFS

It all sounds very simple to me:

In case of sudden death:

1. Hold mirror to mouth and nose of the suspected deceased to check for breathing.

2. Log on to computer an transfer all monies out of the departeds bank account.

3. Take no further action untill transfers have been deposited into your own bank account.

4. Inform the authorities of defunction, and arrange funeral.